[AS PASSED BY THE NA'I'IONAL ASSEMBLY]
BILL
to provide for protection, relief and rehabilitation of rights of the transgender
persons and their welfare and far matters connected therewith and incidental
thereto
WHEREAS it is expedient to provide for protection, relief and rehabilitation
of rights of the transgender persons and their welfare and for matters connected
therewith and incidental thereto;
It is hereby enacted as fo lows: -
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. - (1) This Act may be called the
Transgender Persons (Protection of Riqhts) Act,2O18.
(2) It extends to the whole of pakistan.
(3) It shall come into force at once.
2. Definitions.- (1) In this Act, unless there is anything repugnant in the
subject or context,-
(a) "Act" means the Transgender persons (protection of Rights) Act,
2018;
(b) "CNIC" means Computerized National Identity Card;
(c) "Complainant,, means a transgender person who has made a
complaint on being aggrieved by an act of harassmenu
(d) "CRC" means Child Registration Certificate or B-Form;
(e) "Gender expression.. refeTs to a person,s presentation of their
gender identity, and/or the one that is perceived by others;
(0 "cender identity,. means a person,s innermost and individual sense
of self as male, female or a blend of both or neither: that can
correspond or not to the sex assigned at birth;
(S) "Government" means the Federal Governmenti
(h) "Harassment" inclLrdes sexual, physical, mental and psychological
harassment which means any aggressive pressure or intimidation
intended tl coercei unwelcome sexual advarce, request for sexual
favors or other verba or written communication or physical conduct of
a sexLlal nlture or sexually demeaning attituies, causinq lnteaference
with living, mobility or work performance or creating an intimidating,
hostile or cFfensive work or living environment including the attempt to
punish the complainant for refusal to comply with such requests or to
bring forth the complaint;
(i)
(i)
(k)
-NADRA" rneans the National Database and Registration Authority;
"Notification" means a notification published in the Gazette;
"PMDC" nreans Pakistan lvledical and Dental Council made under the
PMDC Ordiiance, 1962;
(t) "Prescribed" means prescribed by rules made by the Government
under this Act;
"Rules" rreans the rules made under this Act; and
"Transgender Person" is a person who ist-
(i) Inte-sex (Khunsa) with mixture of male and feroale qenjtal
features or congenital ambiguities, or
( ii) EunLrch assigned male at birth, but undergoes genital excision
or castration; or
(iii) a Transgender Man, Transqender Woman, Khawajasira or any
perscn whose gender identity and/or qender expression difFers
frorr the socia norms and cultural expectations based on the
sex 'hey were assiqned at the time of their birth.
(2) A word or expression not defined in the Act shail have the same
meaning as assigned to it in the Code of Criminal procedure, 1B9B or pakistan penal
Code, 1860 (XLV of 1860).
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CHAPTER II
RECOGNTTION OF IDENTITY OF TRANSGENDER PERSON
3. Recognition of identity of Transgender person. - (1) A transgender
person shall have a right to be recognized as per his or her self-perceived gender
identity, as such, in accordance with the provisions of this Act.
.
(2) A person recognized as transgender under sub-section (1) shall have a
right to get himself or herself registered as per self-perceived gender identity with
all government departments includtng, but not limited to NADRA.
(3) Every Transgender person, being the citizen of pakistan, who has
attained the age of eighteen years shall have the right to get himself or herself
registered according to self-perceived gender identity with NADRA on the CNIC,
CRC, Driving Licence and passport in accordance with the provisions of the NADRA
Ordinance, 2000 or any other relevant laws.
(4) A Transgender person already issued CNIC by NADRA shall be allowed
to change the name and gender according to his or her self perceived identity on
the CNIC, CRC, Driving Licence and passport in accordance with the provisions of
the NADRA Ordinance, 2OOO.
CHAPTER IIT
PROHIBITION OF CERTAIN ACTS
4, Prohibition against discrimination, - No person shalt discriminate against
a transgender person on any of the following grounds, namely:-
(a) the denial of, or discontinuation of, or unfair treatment in, educational
institutions and services thereof;
(b) the unfair treatment
occupation;
in, or in relation to, employment, trade or
(c)
(d)
the denial of, or termination from, employment or occupation;
the denial of, or discontinuation of, or unfair treatment in healthcare
services;
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(e) the denial of, or discontinuation of, or unfair treatment with regard to,
access to, or provision or enjoyment of use oF any goods,
accommodation, service/ faciLity, benefit, prjv lege or opportunlty
ded,cated to l.he use of general public or custornarily available to the
pu blic;
(f) the denial of, or discontinuation of, oT unfair treatment with reqard to
right to mo'/ement, safe travel, and use ol public facilities of
transportatior;
(S) the denial of, or discontinLlation of. or unfair treatment with regard to
the right to reside, sale/purchase, Tent or otherwise occupy, inherit
any movable tnd immovable property;
(h) the denial oF, or discontinuation of, or unfair treatmenL jn, the
opportunity to stand for or hold public or private office; or
(i) the denial cf access to, rernoval from, or unfair treatment in,
government or private establishment, organizations, in:jtitutions,
departments, centers in whose care, custody or employment a
transgender t erson may be.
5. prohibition against Harassment. - Harassment of Transgender persons,
as defined in this Act, botl- within and outside the home, based on their sex, gender
identity and/or gender expression is prohib ted.
CHAP'I-ER IV
OBLT64TIONS BY TiIE GOVERNMEN'I-
6, Obligations of tho covernment, - The Government shalt take steps to
secure full and effective participation of transgender persons and their inclusion in
society, namely: -
(a) Establish Proiection Centers and Safe Houses to ensure the rescue,
protection ard rehabilitation of Transgender persons in addition to
providing medical facilities, psycho ogicat care, counseling and adutt
education to the Transgender persons;
5
(b) Establish separate prisons, jails, confinement cells, etc for the
transgender person5 involved jn any kind of offence or offences;
(c) Institute mechanisms for the periodic sensitization and awareness of
the public servants, in particular, but not limited to, law enForcement
agencies and medical institutions, relating to the issues involving the
Transgender Persons and the requirement of protection and relief of
such persons;
(d) Formulate special vocationat training programmes to facilitate,
promote and support livelihood for Transgender persons;
(e) Encourage Transgender persons to start smal
incentives, easy loan schemes and qrants; and
business by providing
(f) Take any other necessary measures to accomplish the objecdve of this
Act.
er declared on CNIC in accordance with the Iaw of inheritance in pakistan
(3) The share of inheritance for transgender persons will be as fo ows
(i) For Transgender Male, the shar:e o[ inheritance will be that of man;
(ii) For Transgender Female, the share of inheritance wili be that of
wo ma n;
pRorEcrroN oF RrGHC#3ITRXr.n.*o.* pERsoNs
7. (2) The share of Transgender persons shall be determined as per the gender declared on CNIC in accordance with the Iaw of inheritance in pakistan
(3) The share of inheritance for transgender persons will be as fo ows
(i) For Transgender Male, the shar:e o[ inheritance will be that of man;
(ii) For Transgender Female, the share of inheritance wili be that of
wo ma n;
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(i,i) For person who has both male and female or ambiguous
characteristicri, such as their state is difficult to determine upon birth,
following shall apply:-
(a) lJpon rraching the age of 18 years, if the person's seLf-perceived
gender identity is Transgender I\4ale, the share of inheritance
wil be that of man;
(b) Upon r:aching the aqe oF 1B years, if the pcrson's self perce ved
gender identity is Transgender Female, the share of inheritance
wlll be that of woman;
(c) Upon reaching the age of 18 years, if the person's self-perceived
gender identity is neither Transgender !'4an nor Transgender
Wo-rar', the share ol '.lheritancc w bc an average o. two
separale distributions for a man and a woman; and
(d) Below the age of eighteen years, the gender as, determined by
mediczl officer on the basis of predominant male or female
featur€rs.
a. Right to Education. (1) There shall be no discrimination against
Transgender Persons in acquiring admission in any educational insLitutions, pLlblic
or private/ subject to fulfil ment of the prescribed requirements.
(2) All educatioral institutions shall provide education and oppotunities
for sports, recreation and leisure activities without any discrimination, and on an
equal basls with others,
(3) The Governrnent shall take steps to provide free and compulsory
education to Transgend:r Persons ds guaranteed under Article 25A of the
Constitution of the Islami(i Republic of pat<istan. 1973.
7
(5) It is unlawfut for an institution whether private or pubtic, to
discriminate against a person on the ground of person,s sex, gender identity and/or
gender expression, including but not limited to:
(a)
(b)
(c)
in determining who should be offered admissjon; or
in the terms or conditions on which admission is ofFered; or
by denying the person's access, or limiting the person,s access, to
opportunities, training or to any other positive externalities associated
with the education; or
(d) by denying access to appropriate student facilities based on a persont
sex, gende- ident:ty dnd/or expression.
9. Right to employment,- (1) The Government must ensure the right to enter
into any lawflll profession or occupation, and to conduct any lawful trade or
business for the Transgender persons as guaranteed under Artjcle 1B of the
Constitution of the Islamic Republic of pakistan, 1973.
(2) No establishrnent, instirution, department, organization, shail
discriminate against any transgender person in any matter relating to employment
including, but not limited to,
other related issues.
recruitrnent, promotion, appointrnent, transfer and
(3) It shall be unlawful for an employer to discriminate against an
employee on the ground of their sex, gender identity and/or gender expression:
(a) in determining who should be offered employment; or
(b) in the terms or condit,ons on which employment is offered; or
(c) by denying the employee access, or l;miting the employee,s access, to
opportunities for promotion, transfer or training, or to any other
benefits associated with employment; or 7
(5) It is unlawfut for an institution whether private or pubtic, to
discriminate against a person on the ground of person,s sex, gender identity and/or
gender expression, including but not limited to:
(a)
(b)
(c)
in determining who should be offered admissjon; or
in the terms or conditions on which admission is ofFered; or
by denying the person's access, or limiting the person,s access, to
opportunities, training or to any other positive externalities associated
with the education; or
(d) by denying access to appropriate student facilities based on a persont
sex, gende- ident:ty dnd/or expression.
9. Right to employment,- (1) The Government must ensure the right to enter
into any lawflll profession or occupation, and to conduct any lawful trade or
business for the Transgender persons as guaranteed under Artjcle 1B of the
Constitution of the Islamic Republic of pakistan, 1973.
(2) No establishrnent, instirution, department, organization, shail
discriminate against any transgender person in any matter relating to employment
including, but not limited to,
other related issues.
recruitrnent, promotion, appointrnent, transfer and
(3) It shall be unlawful for an employer to discriminate against an
employee on the ground of their sex, gender identity and/or gender expression:
(a) in determining who should be offered employment; or
(b) in the terms or condit,ons on which employment is offered; or
(c) by denying the employee access, or l;miting the employee,s access, to
opportunities for promotion, transfer or training, or to any other
benefits associated with employment; or
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(5) It is unlawfut for an institution whether private or pubtic, to
discriminate against a person on the ground of person,s sex, gender identity and/or
gender expression, including but not limited to:
(a)
(b)
(c)
in determining who should be offered admissjon; or
in the terms or conditions on which admission is ofFered; or
by denying the person's access, or limiting the person,s access, to
opportunities, training or to any other positive externalities associated
with the education; or
(d) by denying access to appropriate student facilities based on a persont
sex, gende- ident:ty dnd/or expression.
9. Right to employment,- (1) The Government must ensure the right to enter
into any lawflll profession or occupation, and to conduct any lawful trade or
business for the Transgender persons as guaranteed under Artjcle 1B of the
Constitution of the Islamic Republic of pakistan, 1973.
(2) No establishrnent, instirution, department, organization, shail
discriminate against any transgender person in any matter relating to employment
including, but not limited to,
other related issues.
recruitrnent, promotion, appointrnent, transfer and
(3) It shall be unlawful for an employer to discriminate against an
employee on the ground of their sex, gender identity and/or gender expression:
(a) in determining who should be offered employment; or
(b) in the terms or condit,ons on which employment is offered; or
(c) by denying the employee access, or l;miting the employee,s access, to
opportunities for promotion, transfer or training, or to any other
benefits associated with employment; ornsnz
I
(d) by dismissing the employee; or
(e) by subjecting the empLoyee to any other detriment.
10. Right to Vote, - No Transgender Person shaLl be deprived of their right to
cast a vote during nationa, provincial and/or local government e ections:
Provided that the access to polling stations shall be deterrnined according to
the gender declared on th(: CNIC of a TransgendeT Person.
11. Right to hold public office. - (1) There shall be no discrimination on the
basis of sex, gender idenl.ity and/or gender expression for Transgender persons if
they wish to contest electirn to hold public oFfice.
L2, Right to Health. - The Government shaLl take the lollowing measures to
ensure non-discrimination in relation to Transgender Persons, namely: -
(a) to review modica curriculum and improve research for Doctors and
nursing staff to address specific health issues of Transgender peTsons
in cooperatior with PN4DC;
(b) to facilitate access by providing an enabling and safe environment for
Transgender Persons in hospitals and other healthcare institutions and
centers,
(c) to ensure Transgender Persons access to all necessary medical and
psychological gender corrective treatment;
13. Right to assembly. - (1) The Government must ensure the freedom oF
assembly for Transgender Persons in accordance with Article 16 of the Constitution
of the Islamic Republic of Pakistan, 1973.
(2) The Govern nent must take
measures for Trarsgender Persons.
steps to ensure appropr (3) No discrimination shall be made on the basis of person,s sex/ gender
identity and/or gender expression subject to reasonable restrictions imposed by law
in the interest of public order.
(2) The Government must ensure Transgender persons access to public
places in view of Article 26 of the Constitution of the Islamic Republic of pakistan,
1973.
(3) It shall be unlawful to prevent Transgender Persons to access facilities
available for access of general public and public places mentioned in
sub-section ( 1).
15. Right to property. (1) No Transgender Person shall be denied right to
purchase, sell, rent or lease property, househo d or tenancy on the basis of sex,
gender identity dnd/or gender expression.
(2) It shall be unlawful to discriminate any Transgender person with
regards to renting, subletting or tenancy on the basis of their sex, gender identity
and/or gender expression.
16. Guarantee of Fundamental Rights. - (1) In addition to rights mentioned
in this chapter, Fundamental Rights mentioned in Chapter I, part II of the
Constitution of the Islamic Republic of pakistan, 1973 shall be avaitable
unequivocally for every Transgender Person.
(2) lt shall be the duty of the Government to ensure that the fundamental
rights mentioned in sub-section (1) are protected and there shall be no
discrimination for any person on the basis of sex, gender identity and/or gender
expression.
17. Offences and Penatties.- (1) Whoever, employs, compels or uses any
transgender person for begging shall be punishable with imprisonment which may
extend to six months or with fine which may extend to fifty thousand rLrpees or with
both.
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L4. Right of access to public places. - (1) No Transgender person shall be
denied access to public places, places of entertainment or places intended for
religious purpose solely on the basis of their sex, gender identity and/or gender
expression.
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CHAPTER VI
ENFORCEMENT MECHANISM
14. Enforcement Mechanism. - In addition to the remedies avai,able under the
Constitution or Pakistan F,enal Code 1860, Code of Criminal procedure, 189B or the
Code of Civil Procedure 1908, the aggrieved transgender person shall have a right
to move a complaint to the, Federal OrnbLrdsman, National Commission for Status
of Women and National Commission of Human Rights (NCHR) if any oF the Rights
guaranteed herein are deried to him or her.
CHAPTER VII
MISCELLANEOUS
19. Act having over-riding effect to any other law._ The provisions of this
Act shall have an over-riding effect on any other law for the time being in force.
20. Power of Government to make rules. The Government may, by
notification, make rules f(,r carryinq out the purposes of thts Act.
21. Power to remove difficulties.- tf any difficulty arises in giving effect to the
provisions of this Act, the Governm.-nt may make such order or qive such
directions, by order published in the Official Gazette, make su.h provisions, not
inconsistent with the provisions of this Act as appear to it to be necessaTy or
expedient for removing tl e difficulty:
Provided that no sJch order shal be made after the expiry of the period of
two years from the date c,f commencement of this Act,
.tt
STATEMENT OF OBJECTS AND REASONS
Transgender people constitute one of the most marginalized communities in the
country and they face problems ranging from social exclusion to discrimination, lack
of education facilities, unemployment, lack of medical facilities and so on. The
Supreme Court of Pakistan passed a ruling in 2OO9 stating that no pakistani laws
provide room to disenfranchise "eunuchs., from their fundamental rights. Though
Article 25 of the Constitution of the Islamic Republic of pakistan quarantees to all
citazens equality before law, clause (1) of Article 26 and clause (1) of Articte 27,
inter alia prohibit, in explicit terms, discrimination on the basis of sex and Ar|cle 19
ensures freedom of speech and expression to all citizens, yet the discrimination and
atrocities against Transgender Persons continue to take place.
The Transgender Persons (Protection of Rights) Bilt, 2017 seeks to:
(,) det ne a Transgender Person;
(ii) prohibit discrimination againstTransgender persons;
(iii) confer right upon Transgender persons to be recognised as such, and a
right to self-perceived gender identity;
f v l provide for
Persons.
The Bill seeks to achieve the above objects
welfare measures by the Government for Transgender
SENATOR RUBINA KHALID
SENATOR RUBINA IRFAN
SENATOR SAMINA SAEED
SENATOR KALSOOM PARVEEN
SENATOR KARIM AHMED KHAWAJA
M E MBERS.IN-CHARG E
